👀FIRST LOOK 👀

Judges Wary of Big Oil Arguments in Baltimore Case: A panel of appellate court judges heard arguments on Tuesday in Baltimore's lawsuit against BP, Chevron, Exxon, Shell, and other Big Oil firms who failed to warn consumers about the dangers of their product and instead undertook a disinformation campaign to deceive the public about climate change being caused by fossil fuels. According to court watchers, the judges appeared skeptical of the oil companies’ argument that the case belongs in federal court, where they believe they’ll receive more favorable treatment; a “circular argument” that “defies logic” Judge Stephanie Thacker said. Industry lawyers also argued firms being held liable for damages from sea level rise would mean an end to offshore oil drilling, which Loyola University law professor Karen Sokol called “a scare tactic.” The lawyers are “telling the courts to back off, we’re a very powerful industry and we’re essential right now to energy security. If you step into this, you’re going to screw everything up,” she told The Guardian. The oil industry “will continue to fight this thing out in the procedural stage till hell freezes over,” Sokol added, “before it allows [the litigation] to get to discovery, much less a trial, because it knows the civil discovery system of state courts is so powerful that it would be forced to disgorge documents that would shed light on the extent of this disinformation campaign even beyond what we already know.” (The Guardian, NPR, Bloomberg Law, Politico Pro $)

Enbridge Tracked Indigenous 'Threats' To It's Pipelines: Oil and gas pipeline company Enbridge identified, scored, and tracked Indigenous opposition to its pipelines, The Intercept reports. The company's "Opposition Driven Operational Threats" database identified the lands of Upper Midwest tribes — including the Red Lake Nation, the Leech Lake Band of Ojibwe, and the Bad River Band of Lake Superior Chippewa — as threats to its Line 3 tar sands oil pipeline and its Line 5 pipeline traversing the extremely environmentally sensitive Straits of Mackinac. Winona LaDuke (Ojibwe) and Honor The Earth, the nonprofit she founded, were specifically named as threats to Enbridge. The company also used drones to spy on LaDuke and Honor the Earth after the company purchased land near the organization's headquarters (miles from their pipeline project). (The Intercept; Commentary: Desecrating the sacred (Atmos, Ruth Hopkins (Dakota/Lakota Sioux) essay)

Gas Pipeline's Future In Doubt After Permits Tossed, Again: A federal appeals court unanimously threw out two key permits needed for the controversial Mountain Valley Pipeline on Tuesday, casting doubt on the viability of the beleaguered fracked gas pipeline. The U.S. Forest Service and the Bureau of Land Management “erroneously failed to account for real-world data suggesting increased sedimentation along the pipeline route,” the court ruled. This is the second time the 4th Circuit rejected USFS and BLM permits for the pipeline — already more than $2.5 billion over budget and four years behind schedule — after rejecting the earlier permit in 2018. The agencies then took two years to approve the permit the court struck down Tuesday, putting the MVP on a similar trajectory of permit denials, delays, and cost overruns that led to the July 2020 cancellation of the Atlantic Coast Pipeline, another proposed fracked gas pipeline that would have crossed relatively similar terrain. “The Fourth Circuit has agreed with us for the second time that federal agencies failed to show that the pipeline can comply with the law,” Peter Anderson of Appalachian Voices, said in a statement. “It is long past time for the MVP’s investors to abandon this harmful project.” (Bloomberg, Roanoke Times, Bluefield Daily Telegraph, Virginia Mercury, WV News, AP, Reuters, Politico Pro $, WDBJ, WFIR, Pittsburgh Business Times $, Bloomberg Law $, Seeking Alpha)

(ENVIRONMENTAL) RACISM: Study links cancer rates, air pollution in Louisiana's 'Death Alley' (E&E $), Deaths of Black children have increased during the coronavirus pandemic (The Root)

CLIMATE DIPLOMACY FOSSIL EXTORTION: As Ukraine invasion looms, Europe fears Kremlin will cut off its gas supply (Washington Post $), Biden admin working to avert energy shortage in Europe if Russia invades Ukraine (The Hill, Politico Pro $), What happens if Russia cuts off Europe’s natural gas? (New York Times $)

HOUSING JUSTICE: Why renters are uniquely vulnerable to climate disasters (Grist)

GM: GM to spend $6.6 billion on EV plant investments in bid to dethrone Tesla in electric car sales by 2025 (CNBC, AP, The Hill, Reuters), Biden hails GM's $7B investment in EVs as sign of 'manufacturing comeback' (The Hill), GM’s $6.5 billion EV truck blitz wins Michigan incentives (Bloomberg $), autoworkers worry about GM's use of lower-paid employees to build EVs (Detroit News)

SHE HAS THE MONEY FOR THE WORK RIGHT NOW: Rihanna's foundation pledges $15 million to climate justice groups (The Hill, Axios, AP)

SPORTSWASHING: ‘Helps peddle myths’: Australia’s Tour Down Under facing pressure to dump Santos as sponsor (The Guardian)

SCOTUS: Justices to weigh limits on reach of Clean Water Act (AP, Washington Post $), Nearly 200 Democrats back EPA in Supreme Court emissions case (The Hill, Reuters), Dems warn against 'reek of politics' in SCOTUS climate case (E&E $), Tech giants, utility powerhouse back EPA in SCOTUS climate case (E&E News), Supreme Court divvies up time for climate case arguments (E&E $), Affirmative action in danger, SCOTUS to hear appeal (Black Wall Street Times)

AGENCIES: Executive reaction: what happened to Trump’s 200+ environmental rollbacks? (Grist), Americans get another $100 million in federal aid for soaring home energy costs (CNN), DHS warns electrical infrastructure an 'attractive target' for domestic extremists: reports (The Hill), Fannie Mae pushes FEMA for flood risk disclosure standard (Politico Pro $)

EPA: EPA seeks experts to review key metric for climate goals (E&E $), EPA rule in the crosshairs as Clean Water Act heads to court (E&E News), Criminal cases against polluters drop by a third (E&E News)

• ENVIRONMENTAL JUSTICE: EPA chief vows to ‘do better’ to protect poor communities from environmental harm (New York Times $), EPA announces bold action to monitor pollution in ‘cancer alley’ (Washington Post $, AP, The Guardian), EPA to probe whether North Carolina’s permitting of biogas from swine feeding operations violates civil rights of nearby neighborhoods (InsideClimate News)
• POWER PLANTS: New EPA rules to target power plant pollution (Wall Street Journal $, Washington Examiner)

DOE: DOE lab taps prominent climate, water scientist (E&E $)

DOI: Inside the Interior ethics office a GOP lawmaker wants audited (E&E News)

BUILD BACK BETTER ACT: Conservative group rolls out $1.5 million ad buy pressuring Manchin, Tester to oppose Build Back Better (The Hill)

THE HILL: Congress is spending billions on carbon capture. Is it a climate savior or a boondoggle? (CBS), Democratic lawmakers seek incentives for hydrogen production (AP), Pramila Jayapal's bid to change the uneven impact of climate change (TIME), Hoyer: Voting rights bill, BBB 'very much alive' (Politico Pro $), ‘He’s a villain’: Joe Manchin attracts global anger over climate crisis (The Guardian)

WHITE HOUSE: Biden's inauguration anniversary: has he kept his campaign promises? (Teen Vogue), Kerry: private finance key to clean energy transition (E&E $), Qatar emir to visit White House on Monday (Axios), White House forms coalition with local governments to pursue building performance policies (Utility Dive), White House to host GM, Ford among CEOs at meeting on spending push (Reuters, Reuters), Economists implore Biden to get key climate number right (Bloomberg, Joseph Stiglitz interview $)

INFRASTRUCTURE INVESTMENT AND JOBS ACT: Critics say infrastructure projects won't make a big enough impact on climate change (NPR)

POLITICS: Green transition slowed by economic and social barriers, not technology (Thomson Reuters Foundation)

TRIBES: NorCal tribal group reclaims California redwood forest (KPIX)

CITIES AND STATES: Court strikes down Alabama GOP’s racist congressional map (The Real News), [Virginia] lawmaker asks ex-EPA chief why he couldn't convince Trump climate change is real (The Hill, HuffPost, AP), Virginia clean energy job training program climbs its own learning curve (Energy News Network)

CALIFORNIA: Will California thwart rooftop solar? Battle enters final stretch (E&E $), Feinstein calls California's proposed rooftop solar cuts 'concerning' (Politico Pro $), In California, a new fight to stop building in the path of fire (New York Times $)

FERC: FERC will hold off on flexing transmission authority, Clements says (Politico Pro $)

IMPACTS: Climate change could make weather harder to predict (Washington Post $), ALS And Algae Blooms? Scientists say a state registry is needed to study possible link. (Vermont Public Radio), IMF: climate emergency poses 'grave risks' to global economy (Axios), Is 1.5°C possible without rich countries reaching net zero before 2050? (Energy Monitor), Indonesia’s capital is sinking, polluted and now moving (AP)

• 2021: Third-costliest year on record for weather disasters in 2021: $343 billion in damages (Yale Climate Connections), Climate change 'steroid' contributed to $130 billion in insured losses last year-Aon (Reuters), The cost of last year's 'relentless' climate and weather disasters (Axios)
• ADAPTATION: Cliff top trains could race into tunnels to avoid rising seas (E&E News), Climate adaptation has bitter tones for some cocoa growers (E&E $)
• ANIMALS: Goats, sheep and livelihoods lost to floods and cold in northern Kenya (Reuters), Life in the Arctic: the reindeer herders struggling against the climate crisis – video (The Guardian)

CYCLONIC STORMS: At least four killed after tropical Storm Ana hits Malawi and Mozambique (The Guardian, Reuters)

WATER: ‘Corporate vultures’: how Americans fearing higher water bills are fighting takeovers (The Guardian), The Yampa River is ‘over-appropriated’: There isn’t enough water for everyone who wants it (Colorado Public Radio)

AIR POLLUTION: Even low levels of soot can be deadly to older people, research finds (New York Times $), Massive junkyard fire leaves much of New York covered in acrid smoke (Earther, NBC New York, WLNY)

RENEWABLES: Habitat for Humanity homes go solar in Harrisonburg, Virginia, area (Yale Climate Connections), Dickinson Group exploring renewable energy opportunities (Charleston Gazette-Mail), Enel plans to 'copy and paste' Italy solar panel factory in US (Reuters)

BATTERIES: Idaho is sitting on one of the most important elements on earth (The Atlantic), LG Energy Solution, GM to build $2.1 billion battery factory in US (Reuters)

STORAGE: Pumped hydro grid storage could be poised for a comeback (Canary Media)

OIL & GAS: Meet 6 Texans who could upend the oil industry (E&E News), As utilities consider ESG options, Kinder Morgan's 'responsibly sourced natural gas' plan faces scrutiny (Utility Dive), Earthquakes. drought. geysers. Permian oilfield water woes pile up in west Texas (DeSmog), Shell hits oil and gas in Namibian offshore well (Reuters), Will US crude production return to pre-pandemic highs? Conoco, Oxy CEOs disagree (Houston Chronicle), Offshore oil spill threatens beaches in eastern Thailand (AP)

• BANKRUPTCY AIN'T SO BAD: Chesapeake Energy's $2.6 billion deal adds gas assets (Axios, FT $, Dallas Morning News)

PLASTICS: Companies promise to eliminate plastics that can’t be recycled (Politico Pro $)

NUKES: Nuclear is too risky to aid climate fight, former regulators say (Bloomberg $)

UTILITIES: NextEra names ex-finance chief as CEO, profit edges past estimates (Reuters), MidAmerican files for approval of final 2 GW needed to meet 100% clean energy goal (Utility Dive), PG&E proposes 6.4 GWh battery storage plan in response to California's 11.5 GW procurement order (Utility Dive)

EVs: Battery swapping for EVs is big in China. Here’s how it works (Bloomberg $), Nikola breaks away from troubled past as fleets get serious about emissions (Utility Dive), The 2022 EVs that matter most for climate (E&E News)

PLANETARY LIVEABILITY: McKinsey: fundamental transformation of global economy needed for net zero (The Guardian, Reuters), The huge benefits, and risks, of going for net zero emissions (Axios)

AVIATION: The electric aviation market is buzzing (Axios)

BUSINESS: Amazon says it might quit groups 'not aligned' on climate (E&E $)

CARBON PRICING: Analysts raise EU carbon price forecasts as gas rally persists (Reuters), Study: Rebates have not defused Canada's carbon tax debate (Politico Pro $), Tech startups race to rate carbon offsets (Wall Street Journal $)

CARBON REMOVAL: Offshore wind farms could help capture carbon from air and store it long-term, saving money – a geophysicist explains how (The Conversation)

DIVESTMENT: Divestment campaigns — and reinvestment efforts — gain strength as climate change intensifies (Grist)

FINANCE: Asset owners pledge to at least halve portfolio emissions by 2030 (Reuters), 

FOOD: Messages on menus can double number of diners choosing plant-based options (The Guardian)

BITCOIN: Bitcoin operation ignites debate around Pennsylvania coal mining waste (ABC)

IN MEMORIAM: Bill Owens, Massachusetts 1st Black state senator, dies (Black Wall Street Times)

INTERNATIONAL: Chinese leader stresses green transition and energy security (Politico Pro $), The UK's history is disappearing with its peatlands (Earther), Xi Jinping warns China’s low-carbon ambitions must not interfere with ‘normal life’ (The Guardian)

• Fiction in the time of climate chaos (The Real News, Mary Annaïse Heglar interview)
• Net-zero emissions pledges matter (The Hill, Chuck McConnell op-ed)
• Europe’s crazy war on natural gas (Wall Street Journal, Editorial Board $)
• The Utility of White-Hot Rage (The Atlantic, Emma Marris essay)
• Former Nuclear Leaders: Say ‘No’ to New Reactors (Power, Greg Jaczko, Wolfgang Renneberg, Bernard Laponche, and Paul Dorfman op-ed)
• The electrical grid of the future must be built around community need (The Hill, Jeff Schlegelmilch and Daniel Kushner op-ed)
• FlorIda’s waters choke on fertilizer, dead fish and red tides — while big ag floats above it all (Washington Post, Lizette Alvarez op-ed $)
• Environmental and mental health progress go hand-in-hand (Yale Climate Connections, Michelina Schach commentary)
• New ‘normals’ caused by climate change require a more resilient coast; here’s how using natural infrastructure (Baltimore Sun, Wendi Weber op-ed)
• I spent 12 years in the Marines. The inaction on climate change shocks me (Newsweek, Yaritza Perez op-ed)
• The Supreme Court’s plan to block climate action we haven’t even taken yet (Slate, Karen Sokol commentary)

Energy Lawyer Accidentally Admits Fossil Industries Incompatibility With Safe Climate

In the past couple years, we’ve grown bored of pointing out that — despite its inexplicably positive reputation for aggregating polls — the Koch-sponsored RealClear media brand, and particularly the RealClearEnergy verticle constantly launders rightwing propaganda and climate disinformation by presenting it as on par with mainstream news. 

The RealClearEnergy page’s “Recommended” tab is useful, insomuch as it provides a snapshot of what the fossil fuel industry’s network of sycophants want you to think, with the very occasional piece by some well-meaning academic (at the Koch-funded school at George Mason) who probably doesn’t understand that their centrist energy take full of “innovation” buzzwords will appear next to natural gas-hyping “innovation”-loaded disinformation, and corporate sustainability executives greenwashing their company.   

But every once in a while there’s an inadvertent gem, when someone who thinks they’re clever actually reveals the intellectual emptiness of their argument, as is the case with Brussels-based energy-industry lawyer Lucas Bergkamp’s recent tirade against Friends of the Earth.

Last year the Dutch arm of the environmental group, “Milieudefensie,” won a court case requiring Shell to reduce its carbon pollution 45% by 2030 to meet Paris agreement goals. Building on that, the group recently sent letters to heads of 30 companies with offices in the Netherlands, including ExxonMobil, Dow Chemical, and BP, calling on them to publish their corporate plans to meet the Paris goals as well. Milieudefensie policy officer Peer de Rijk told Reuters that “we are very clear that in the end, if needed, we are willing to go to court. But of course we are hoping these companies will be moving by themselves.” 

But they know better than to just hope and wait, as De Rijik added that they “are willing to engage in talks, but we are in a hurry as well, so we won’t accept talks for the sake of talks themselves. Climate science is very clear. This is exactly what is needed.” 

De Rijik is right, and Bergkamp’s RealClear post accidentally admits as much, in his attempt to paint environmentalists as tyrannical dictators attempting to wrest control from corporations and force them to do something they don’t want (reduce emissions to maintain a habitable climate).

Because all that’s required is that these companies show their plans for meeting the Paris agreement goals, which every country on the planet has agreed to, and given their constant advertising about being climate saviors, this shouldn’t be a problem. Obviously it is though, because the vast majority of oil, gas, and coal reserves will have to stay in the ground to meet Paris targets, and that would mean oil, gas and coal companies would be worthless. 

But desperate to distract from the fact that companies could simply produce credible plans for emissions reductions (which oil companies can’t), Bergkamp pounds the table about how “democracy, the rule of law, and the economy are at stake” because holding companies accountable for their pollution would be a “illegitimate power grab” by the courts, a “violation of the separation of powers” and finally it would be a “denial of the disastrous consequences for the citizen, the rule of law, the economy, employment, and societal wealth.”   

Interesting that Dutch legal bluster about why Big Oil should get its way in court is so similar to American legal bluster about why Big Oil should get its way in court, both of which just so coincidentally happen to be published by RealClearEnergy on Monday! 

One might expect different legal systems handling different cases would have different specific arguments, but apparently not, when big oil is in trouble you just yell about the rule of law and innovation until some industry-funded pseudo-media website publishes it.

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